(2) Plaintiffs' Brief in Opposition to Motion of Defendants Pinto, Wright, Keuch, Ingemie, Shannon, Miller, Simpkins, and The City of Coatesville to Dismiss Plaintiffs' Second Amended Complaint, which brief in opposition was filed November 2, 2011; and

(3) Second Amended Complaint filed by plaintiffs October 3, 2011, and re-filed October 12, 2011; and for the reasons expressed in the accompanying Opinion,

IT IS ORDERED that the within Officers' and City's Motion to Dismiss is granted in part and denied in part.

IT IS FURTHER ORDERED that the within motion is granted to the extent it seeks to dismiss Count II of the Second Amended Complaint against defendant Officers Wright, Keuch, Ingemie, Miller, and Simpkins, and defendant The City of Coatesville for violation of the First and Fourth Amendment rights of plaintiffs Bongai Mhloyi and Jeremiah Mhloyi ("the Mhloyi Plaintiffs").

IT IS FURTHER ORDERED that the First and Fourth Amendment claims asserted by the Mhloyi Plaintiffs under 42 U.S.C. § 1983 against defendants Officers Wright, Keuch, Ingemie, Miller, and Simpkins, and defendant The City of Coatesville are dismissed from Count II of the Second Amended Complaint, with prejudice.

IT IS FURTHER ORDERED that the within motion is granted to the extent it seeks to dismiss the equal protection conspiracy claim asserted under 42 U.S.C. § 1985 in Count II of the Second Amended Complaint by the Mhloyi Plaintiffs against defendant Officers Wright, Keuch, Ingemie, Miller, and Simpkins, and defendant The City of Coatesville.

IT IS FURTHER ORDERED that the Mhloyi Plaintiffs' equal protection conspiracy claim pursuant to 42 U.S.C. § 1985 against defendant Officers Ingemie, Keuch, Miller, Simpkins, and defendant The City of Coatesville is dismissed from Count II of the Second Amended Complaint, with prejudice.

IT IS FURTHER ORDERED that the within motion to dismiss is granted to the extent that it seeks to dismiss all of the Mhloyi Plaintiffs' claims against defendant Officer Wright in Count II of the Second Amended Complaint based on the statute of limitations.

IT IS FURTHER ORDERED that the Mhloyi Plaintiffs' claims against defendant Officer Wright are dismissed from Count II of the Second Amended Complaint, and that defendant Officer Wright is dismissed as a party to this action, with prejudice.

IT IS FURTHER ORDERED that, in all other respects, the within ...

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